DeShon v. St. Joseph Country Club Village

CLARK, Judge.

Three owners of residential lots sued the St. Joseph Country Club for damages and for injunctive relief on allegations that the Country Club had failed to maintain a drain used to convey surface water under the embankment of an abandoned railroad right-of-way. The blockage of the drain caused surface waters to accumulate on plaintiffs’ properties with resulting dam age. The petition sought to recover for that damage and to require that the Country Club service and maintain the drain. The Country Club moved for summary judgment on the basis that the drain was not on property owned…